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在WTO的协议中,每一个法律文件都含有大量的例外条款。例外条款是用来维护特定国家利益的手段,是在特定情况下不履行协议规定的正常义务的免责条款。目前《政府采购协议》(以下简称《协议》)仍属于诸边协定,只对签字的成员方具有约束力。但政府采购市场的开放是大势所趋,《协议》本身纳入WTO多边协定也是早晚的问题。研究协议本身的例外条款对于我国在选择加入时机与维护自身利益均等方面具有重要意义。
In the WTO agreement, each legal document contains a large number of exceptions. Exceptions are instruments used to safeguard the interests of a particular country and are exempt clauses that, under certain circumstances, fail to fulfill their normal obligations under the agreement. At present, the “Government Procurement Agreement” (hereinafter referred to as the “Agreement”) still belongs to the plurilateral agreement and is only binding on the signatory members. However, the opening up of the government procurement market is a trend of the times. It is also a matter of time before the “agreement” itself becomes part of the WTO multilateral agreement. The exception clause of the research agreement itself is of great significance for China in choosing to join the timing and safeguarding the equal interests of its own.